Bill 32 2008

An Act to prevent the disposal of waste at Site 41 in the Township of Tiny

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

Definitions

   1.  In this Act,

"Site 41" means the proposed waste disposal site commonly known as Site 41 that consists of the west half of Lot 10 and the southwest quarter of Lot 11 in Concession 2 in the Township of Tiny in the County of Simcoe, and that is located approximately four kilometres north of the Village of Elmvale and four kilometres south of the Village of Wyevale; ("lieu 41")

"waste" has the same meaning as in Part V of the Environmental Protection Act. ("déchets")

Prohibition on disposal of waste

   2.  No person shall dispose of waste at Site 41.

Revocation of approval

   3.  Certificate of Approval No. A 253106 dated April 30, 1998, now No. A 620278, that was issued to The Corporation of the County of Simcoe under Part V of the Environmental Protection Act, including any amendments made after that date, is revoked by this Act.

Extinguishment of causes of action

   4.  (1)  Any cause of action that exists on the day this Act comes into force against the Crown in right of Ontario, a member or former member of the Executive Council, or an employee or agent or former employee or agent of the Crown in right of Ontario in respect of Site 41 is extinguished by this Act.

Same

   (2)  No cause of action arises after this Act comes into force against a person mentioned in subsection (1) in respect of Site 41 if the cause of action would arise, in whole or in part, from anything that occurred after April 30, 1998 and before this Act comes into force.

Aboriginal or treaty rights

   (3)  Subsections (1) and (2) do not apply to a cause of action that arises from any aboriginal or treaty right that is recognized and affirmed by section 35 of the Constitution Act, 1982.

Enactment of this Act

   (4)  Subject to section 5, no cause of action arises against a person mentioned in subsection (1), and no compensation is payable by a person mentioned in subsection (1), as a direct or indirect result of the enactment of any provision of this Act.

Application

   (5)  Without limiting the generality of subsections (1), (2) and (4), those subsections apply to,

  (a)  a cause of action in respect of any agreement, or in respect of any representation or other conduct, that is related to Site 41; and

  (b)  a cause of action arising in contract, tort, restitution, trust, fiduciary obligations or otherwise.

Legal proceedings

   (6)  No action or other proceeding shall be commenced or continued by any person against a person mentioned in subsection (1) in respect of a cause of action that is extinguished by subsection (1) or a cause of action that, pursuant to subsection (2) or (4), does not arise.

Same

   (7)  Without limiting the generality of subsection (6), that subsection applies to an action or other proceeding claiming any remedy or relief, including specific performance, injunction, declaratory relief, any form of compensation or damages, or any other remedy or relief.

Same

   (8)  Subsection (6) applies to actions and other proceedings commenced before or after this Act comes into force.

No expropriation

   (9)  Nothing in this Act and nothing done or not done in accordance with this Act constitutes an expropriation or injurious affection for the purposes of the Expropriations Act or otherwise at law.

Compensation

   5.  (1)  Subject to subsection (2), the Crown in right of Ontario shall pay compensation to The Corporation of the County of Simcoe in the following amount:

A + B – C

where,

A =  reasonable expenses paid by The Corporation of the County of Simcoe after April 30, 1998 and before April 22, 2004 for the purpose of using Site 41 to dispose of waste, including reasonable expenses paid for that purpose for,

            i.  surveys, studies and testing,

           ii.  engineering and design services,

          iii.  legal fees and disbursements,

          iv.  marketing and promotion,

           v.  seeking government approvals,

but not including expenses for which The Corporation of the County of Simcoe has been reimbursed by any person,

B =  reasonable expenses paid by The Corporation of the County of Simcoe on or after April 22, 2004 and before this Act comes into force for legal fees and disbursements related to using Site 41 to dispose of waste, but not including expenses for which The Corporation of the County of Simcoe has been reimbursed by any person,

C =  the fair market value of Site 41 on the day this Act comes into force.

Accounting and appropriation

   (2)  Subsection (1) does not apply unless,

  (a)  not later than 120 days after this Act comes into force, The Corporation of the County of Simcoe submits to the Crown in right of Ontario a full accounting of the expenses claimed under that subsection, including receipts for payment; and

  (b)  the Legislative Assembly by appropriation authorizes the payment of the compensation described in that subsection.

Audit

   (3)  The Corporation of the County of Simcoe shall provide the Crown in right of Ontario with reasonable access to its records, management staff, auditors and accountants for the purpose of reviewing and auditing any accounting submitted under subsection (2).

Loss of goodwill or possible profits

   (4)  For greater certainty, no compensation is payable under subsection (1) for any loss of goodwill or possible profits.

Reasonable expenses

   (5)  For greater certainty, a reference in this section to reasonable expenses does not include any expense that exceeds the fair market value of the goods or services for which the expense was incurred.

Application to court

   (6)  The Corporation of the County of Simcoe or the Crown in right of Ontario may apply to the Superior Court of Justice to determine any issue of fact or law related to this section that is in dispute.

Commencement

   6.  This Act comes into force on the day it receives Royal Assent.

Short title

   7.  The short title of this Act is the Waste Disposal Site 41 in the Township of Tiny Act, 2008.

EXPLANATORY NOTE

The Bill prohibits the disposal of waste at Site 41 in the Township of Tiny, located approximately four kilometres north of the Village of Elmvale and four kilometres south of the Village of Wyevale.

The Bill revokes an environmental approval that has been issued in connection with the possible disposal of waste at the site.

The Bill extinguishes certain causes of action that may exist in respect of the site.

The Bill entitles the County of Simcoe to compensation from the Crown in respect of certain expenses if the Legislative Assembly by appropriation authorizes the payment of compensation.